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(b) the person on whom the credibility of the probative value of such evidence depends shall himself testify in those proceedings; or “party” means the accused or party against whom hearsay evidence is to be presented, including the prosecution. considers that such evidence should be admitted in the interests of justice. [and is competent, but not compelled, to testify for the purpose of criminal proceedings if the accused is convicted of committing an offence against the separate property of his wife or husband or an offence referred to in articles 1 or 2 of the said Declaration of Immorality, 1934]. ». 2. The provisions of paragraph 1 shall not include evidence which is inadmissible for any reason other than hearsay. The Law amending Law No. 45 of 1988 provides: 3 October 1988 (Journal of Laws 11519 of 30 October 1988). September 1988) amendment of the law of evidence to ensure judicial knowledge of foreign state law and aboriginal law; and establishing general requirements for the admissibility of hearsay evidence; amending the Civil Procedure Evidence Act 1965 to further regulate communication between spouses during marriage in civil proceedings; amend the 1977 Code of Criminal Procedure to make the husband or wife of an accused a competent but not obligatory witness in criminal proceedings; and, in criminal proceedings, to continue to regulate communication between spouses during marriage; and to foresee trivialities. Act 45 of 1988 (GoN 829, G.

11274), Proc. 171, G. 11519, Act 18 of 1996 (GoN 632, G. 17129, I.C.O. April 1, 1997 [Proc. R23, G. 17849]). For the purposes of this blog, we define hearsay evidence during the workplace hearing process. As a general rule under the South African Evidence Act, hearsay evidence is not admitted.

(1) Subject to any other Act, hearsay evidence shall not be admitted into evidence in criminal or civil proceedings unless: (a) each party against whom the evidence is to be presented consents to be admitted into evidence in such proceedings; 2. Paragraph 1 shall not prevent a party from calling into question the content of a legal provision provided for in this Subsection which is at issue in the proceedings in question. This Act is known as the Law of Evidence Amendment Act, 1988. In light of the above, it is desirable that Chairs carefully consider the various factors mentioned above when deciding whether or not to admit hearsay evidence. In addition, it is essential to give weight to authorized hearsay evidence. Finally, hearsay evidence should be corroborated by other evidence before a decision is made. However, the minutes of disciplinary proceedings are regarded as prima facie evidence if they satisfy the criteria set out in Polizeiminister v M and Others. (vi) any prejudice to a party arising from the admission of such evidence; and (c) any breach of any provision of section 11 (1) of the Maintenance Act 1963 (Act No. 23 of 1963) or any provision enforced by any other Act; About our author: Jaco Conradie joined SERR Synergy in 2017 as a project manager.

He obtained his Bachelor of Laws from the University of Stellenbosch in 2004 and was awarded the SASLAW Prize for Advanced Labour Law (2002). He has been working in the field of industrial relations since 2005. « 2. Paragraph 1 shall also apply to communications made during the existence of a marriage or an alleged marriage which has been dissolved or annulled by a competent court. (4) For the purposes of this article, “indigenous law” means the law or custom as applied by the Black Tribes of the Republic.